People v. Glenn CA4/1

Filed 1/24/23 P. v. Glenn CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079998

Plaintiff and Respondent,

v. (Super. Ct. No. SCD290416)

ISAIAH LEE GLENN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert J. Trentacosta, Judge. Request for judicial notice granted. Affirmed. R. Chris Lim, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Following the overdose death of Stewart H., Defendant Isaiah Lee Glenn pleaded guilty to furnishing fentanyl in violation of Health & Safety Code section 11352, subdivision (a). The trial court denied probation and imposed a split four-year middle term. Glenn appealed, and appointed

appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Glenn was apprised of his right to file a supplemental brief but did not do so. Independently reviewing the entire record (People v. Kelly (2006) 40 Cal.4th 106, 119), we find no arguable issues and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On May 8, 2019, Glenn acquired fentanyl from codefendant Brittany

Calvert and gave some to Stewart.1 Glenn and Stewart smoked the substance together in a parked van and fell asleep. Glenn awoke the next morning and returned to his apartment around 8:00 a.m. When he left, Stewart remained sleeping and was snoring. When Glenn returned around 10:30 a.m., he found Stewart hunched over the backseat, unresponsive. Glenn called 911, and his cell phone records later revealed his role in procuring and furnishing the drug. Stewart’s death was ruled an accident caused by acute fentanyl intoxication. The San Diego County District Attorney charged Glenn in June 2021 with involuntary manslaughter by unlawful act (Pen. Code, § 192, subd. (b), count 1) and furnishing a controlled narcotic (Health & Saf. Code, § 11352,